Damages in injury claims

In plain English: damages are the money a court or insurer pays to compensate you for harm caused by someone else. The aim, in most cases, is to put you back in the position you'd have been in if the accident hadn't happened, as far as money can.

The two main groups

Financial losses are things you can add up with receipts and records. US lawyers call these economic damages; UK lawyers call them special damages. They include:

• Medical and rehabilitation costs, past and future.
• Lost wages and reduced future earning capacity.
• Care and help at home, including unpaid care from family in many places.
• Travel to appointments, equipment and home adaptations.
• Vehicle repairs and other property damage.

Non-financial losses cover pain, suffering and the loss of things you enjoyed. US lawyers call these non-economic damages; in the UK they are general damages for pain, suffering and loss of amenity; Canadians often say non-pecuniary damages. No receipt exists for them, so they're valued by comparing your injury with similar cases.

How each country values the non-financial part

• England and Wales: judges use the Judicial College Guidelines, which give brackets for different injuries, plus previous court awards. Most whiplash claims from road accidents use a fixed tariff.
• Canada: non-pecuniary damages are subject to a court-set cap, indexed for inflation, which only affects the most catastrophic injuries.
• US: juries decide, and some states cap non-economic damages, especially in medical malpractice claims. Rules vary widely by state.

Punitive damages are rare

Punitive damages punish especially bad conduct, such as a drunk driver or a company that hid a known danger. They're uncommon in US injury cases and often capped by statute. In the UK, the equivalent, exemplary damages, is very rare in personal injury. Most claims are about compensation only.

Your duty to limit the loss

You're expected to take reasonable steps to recover and to limit your losses, such as following medical advice and returning to suitable work when you can. If you don't, the other side may argue your damages should be reduced. This is called mitigation.

Evidence that proves damages

1. Medical bills, prescriptions and treatment records.
2. Payslips, tax returns and a letter from your employer.
3. Receipts for every out-of-pocket expense.
4. A diary of pain and daily limits.

Next: economic vs non-economic damages · how much is my claim worth? · claim value workbook.

Related terms